Agenda item

That Cabinet:

a)       approve the Council entering into arrangements with Barratt David Wilson Homes (BDW) to purchase (for the consideration of £1) and maintain the Public Open Space within the Fernwood North development, subject to the Council securing:

i)     an appropriate contribution towards ongoing maintenance costs from BDW, subject to BDW successfully securing and legally executing an agreement with the Council, as the Local Planning Authority, a S106 Deed of Variation as detailed at paragraph 2.4 of the report and within Exempt Appendix A; and

ii)    completion of satisfactory due diligence by the Director - Communities & Environment, in consultation with the Street Scene Manager and Principal Legal Officer, on the Public Open Space extent, type, and phasing including in relation to the legal title to the land;

b)       approve the Council covering future maintenance revenue requirements, supplemented by and subject to the required ‘appropriate contribution’ details at a) i) above, as detailed in the Financial Implications section in Exempt Appendix A; and

c)        approve that delegated authority be given to the Council’s Director - Communities & Environment, in consultation with the Street Scene Manager, to secure the land transfer from BDW, including appropriate phasing and onboarding of the Public Open Space.

The Director - Planning & Growth presented a report which put forward a proposal for the District Council to adopt Public Open Space (POS) within the Fernwood North development. The adoption of the POS would include ownership and ongoing maintenance.

The report to Cabinet on 4 November 2024 set the context of developments taking place in the greater Fernwood area and specifically the negotiations taking place between officers and Barrat David Wilson Homes (BDW) to secure a previous agreement for them to transfer POS to the District Council rather than implement a Management Company which was the extant lawful position for the Fernwood North development. Since then, agreement had been reached on the quantum and types of open space that could be transferred into public ownership. The Council had also resolved in July 2025 to have a ‘No Man-Co’ preferred approach on strategic urban extension sites such as Fernwood.

It was reported that the Fernwood North development continued at pace and a resolution was required to bring the POS into public ownership. Initial conversations took place between the District Council, BDW and Fernwood Parish Council with the Parish Council resolving in February that they were unable to pursue taking ownership of the land and no further communication had been received. Due diligence had been undertaken such that the District Council were satisfied that a transfer of the first phase of open space could be completed with other phases following.

It was clear that if the District Council were to bring the POS into public ownership that there would be a maintenance shortfall, especially given the stance of Fernwood Parish Council. It was recommended that other Fernwood North Section 106 contributions be utilised in order to provide a commuted payment towards POS maintenance, something which BDW were willing to pursue with the District Council as the local planning authority.

AGREED      (unanimously) that Cabinet:

a)           approve the Council entering into arrangements with Barratt David Wilson Homes (BDW) to purchase (for the consideration of £1) and maintain the Public Open Space within the Fernwood North development, subject to the Council securing:

i)            an appropriate contribution towards ongoing maintenance costs from BDW, subject to BDW successfully securing and legally executing an agreement with the Council, as the Local Planning Authority, a S106 Deed of Variation as detailed at paragraph 2.4 of the report and within Exempt Appendix A; and

ii)           completion of satisfactory due diligence by the Director - Communities & Environment, in consultation with the Street Scene Manager and Principal Legal Officer, on the Public Open Space extent, type, and phasing including in relation to the legal title to the land;

b)          approve the Council covering future maintenance revenue requirements, supplemented by and subject to the required ‘appropriate contribution’ details at a) i) above, as detailed in the Financial Implications section in Exempt Appendix A; and

c)           approve that delegated authority be given to the Council’s Director - Communities & Environment, in consultation with the Street Scene Manager, to secure the land transfer from BDW, including appropriate phasing and onboarding of the Public Open Space.

Reasons for Decision:

The recommendations align with the Community Plan objectives in relation to biodiversity, the environment and climate change. As set out in the report, the development has the potential to help the Council secure additionality which is above and beyond simply bringing Public Open Space into public ownership.

Options Considered:

The extant S106 for the Fernwood North development allows BDW to set up a Management Company to cover maintenance costs of Public Open Space. BDW have honoured a previously verbally and written negotiated position that they would not introduce a Management Company in this instance, an agreement predicated on the land being transferred to the District Council for the consideration of £1. The Council could choose not to purchase the Public Open Space for the previously agreed price, in which case BDW would need to find an alternative management route. This would likely mean introducing a management charge on future residents from this point forward, as has been done elsewhere within Fernwood. This would not be appropriate.